Public-domain · open source
OpenJurist

19 S.C.L. 31

Swift v. Lanier

Court of Appeals of South Carolina

Decided January 15, 1833

Court of Appeals of South Carolina · decided 1833-01-15

Tried before Mr. Justice Martin at Lancaster — Fall Term. 1832. This was an action on a note payable to one A. G. Saffold. Plea, the statute of limitation. It appeared that whilst Saffold was the holder of the note, he had given a credit thereon for $885 1826, being the proceeds of notes lodged with him in payment of the note in suit, and received from the fendant in 1822. If the credit was to be considered as given m 1822, the bar was complete, but otherwise if in 1826.

Decided 1833-01-15

¶1*32Curia per

Johnson J.

¶2The delivery of the notes to Saffold by the defendant, was the last act by which he recognized the obligation of the. note in suit, and' the jury were correctly instructed that the statute then began to run, and that the bar was complete before suit brought in 1830.

¶3Motion dismissed.

O’Neall J, Concurred.Harper’ J. Absent.
/19/scl/31 · .json · Public domain